Mumbai: The Bombay High Court recently directed the Additional Collector (Rehabilitation), Pune District to place on record project-wise details of dams and affected persons, how many of the latter have been allotted alternate land or compensation, and how many are still waiting for the same.
A Division Bench of Chief Justice Manjula Chellur and Justice G.S. Kulkarni was hearing petitions concerning dams in Pune district, including the ones at Chaskaman, Bhama Askhed, Thitewadi and Ujani. The court said it has noticed that acquisition of lands pertains to 1971, when people have lost their livelihood because of land acquisition and are still waiting for alternate land. It also recorded that many applications are rejected on the ground of non-deposit of 65% of compensation awarded and received under the Maharashtra Project Affected Persons Rehabilitation Act, 1976 which was amended from time to time.
The Additional Collector (Rehabilitation), Pune District told the court that there are 25 dam projects, for which large tracts of land were acquired resulting in a large number of Project-Affected Persons (PAP). The Bench noted, “Though the establishment of dams are for larger public utility when compared to individual landowner or a person having interest in the land, they cannot take away the protection or right available to persons under Article 300A (no person can be deprived of his property except by authority of law) of the Indian Constitution. If a scheme is floated to address the consequences of acquisition, we fail to understand why the affected persons have to come to again and again,” the court said.
It also directed the Additional Chief Secretary (Relief and Rehabilitation) to temporarily extend extra workforce to comply with the orders.
